Khandan Kadir
| place_of_birth = | date_of_arrest = 2002-09-20 | place_of_arrest = Khowst | arresting_authority = American GIs, Jan Baz and his militiamen | date_of_release = 2006-10-11 | place_of_release = Afghanistan | date_of_death = | place_of_death = | citizenship = | detained_at = Bagram, Guantanamo | id_number = 831 | group = | alias = Kadeer Khandan | charge = No charge (extrajudicial detention) | penalty = | status = Repatriated | csrt_summary = | csrt_transcript = | occupation = | spouse = | parents = | children = }} Khandan Kadir is a citizen of Afghanistan, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. His Guantanamo Internment Serial Number was 831. Guantanamo counter-terrorism analysts estimate he was born in 1969, in Safra-andarikhail, Afghanistan. Summary Khandan Kadir was captured approximately a year after the Taliban were overthrown. The allegations against him were that he was an ally of an Afghan warlord named Pacha Khan. Khan had raised local forces to rise up against the Taliban when the Americans and Northern Allicance invaded. He was rewarded with official administrative control over an area of Afghanistan. But he quarreled with other administrators, and eventually quarreled with the Americans. Open fighting eventually broke out, and he became considered a renegade. Guantanamo analysts have justified the continued detention of captives who knew him, even if their own capture predates the time when he stopped being an ally and started being an enemy. Khandan Kadir's account was that he had worked as a pharmacist during the Taliban regime. He said he hated them and avoided them, and that anyone who lived in Khowst would testify that he took risks in letting his disdain for the Taliban show, by cutting his beard short, listening to music — a prohibited activity under the Taliban, and avoiding the mosque, when a member of the Taliban was leading the service. According to Khandan Kadir, after the Taliban were overthrown he was appointed the local director of the anti-drug branch of the National Department of Security — a more junior position that Pacha Khan's, but one senior enough for him to form working relationship with the local American agents. He claimed he was having conflict with Pacha Khan long before his conflict with the Americans experienced enough problems to class him as a renegade. Khandan Kadir said that his capture was due to a false denunciation from Pacha Khan, and Pacha Khan's nephew Jan Baz lead a mixed force of American forces and Pacha Khan's forces, to his home. He said the documents he was captured with fully supported his account. Combatant Status Review Tribunal s were held in a trailer the size of a large RV. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirrorInside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Kadir chose to participate in his Combatant Status Review Tribunal. detainees ARB|Set_24_1790-1831.pdf#9}} Summarized transcripts (.pdf), from Khandan Kadir's Combatant Status Review Tribunal - pages 9-31 Witness requests Khandan Kadir requested the testimony of two witnesses. At the time of his Tribunal the rules did not permit him to question his witnesses, in person, even if they were fellow Guantanamo captives. Allegations The allegations Khandan Kadir faced, during his Tribunal, were: Administrative Review Board hearing Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. Kadir chose to participate in his Administrative Review Board hearing.detainees ARB|ARB_Transcript_Set_9_21017-21351.pdf#1}} Summarized transcript (.pdf), from Khandan Kadir's Administrative Review Board hearing - pages 1-21 Enemy Combatant Election Form Kadir's Assisting Military Officer, referring to Kadir's Enemy Combatant Election Form, told his Board they first met on November 30, 2005, for 62 minutes. Kadir told his Assisting Military Officer he wanted to present six letters to his Board. And they met, a second time, on December 1, 2005 for Kadir to bring in his letters. Kadir's Assisting Military Officer told his Board that Kadir was "cooperative and polite throughout both interviews". Kadir was given a copy of his Unclassified Summary of Evidence memo, translated into the Pashto language. The following primary factors favor continued detention The following primary factors favor release or transfer Response to the factors favoring continued detention Response to the factors favoring release or transfer Documents submitted Habeas corpus submission Khandan Kadir is one of the sixteen Guantanamo captives whose amalgamated habeas corpus submissions were heard by US District Court Judge Reggie B. Walton on January 31, 2007. McClatchy interview On June 15, 2008 the McClatchy News Service published articles based on interviews with 66 former Guantanamo captives. McClatchy reporters interviewed Qadar Khandan. mirror mirror mirror mirror mirror mirror mirror The McClatchy report quoted a local security official named Ismail Khosti, who asserted that Qadar Khandan was a low-level commander in Gulbuddin Hekmatyar's forces. : Qadar Khandan reports being beaten and subject to abusive interrogation in both the Kandahar detention facility and the Bagram Theater Internment Facility. He described being held in isolation, and suspended by his hands round the clock, for twenty days—a technique Bagram staff had used that killed two captives in December 2002. : In Guantanamo he reports interrogators had him sent to spend much of his time in solitary confinement—including two periods of seven months straight. The rules for humane treatment in US domestic prisons never allow prisoners to be left in solitary for more than thirty days. BBC interview The BBC interviewed 27 former captives held in Bagram in June 2009. Khandan was mentioned by name in the BBC Report, where he was referred to as "Dr Khandan". According to the report Khandan said: Lieutenant Colonel Mark Wright, speaking on behalf of Secretary of Defense Robert Gates, claimed Bagram met "international standards for care and custody". ''The Guardian quoting Wright's claim that GIs who abused captives had been punished, called it "an apparent allusion to the Abu Ghraib abuse scandal in Iraq." Wright said: Subsequent Bagram detention On January 15, 2010, the Department of Defense complied with a court order and published a heavily redacted list of Captives held in the Bagram Theater Internment Facility. There were 645 names on the list, which was dated September 22, 2009. Historian Andy Worthington, author of the ''The Guantanamo Files, noted that three of the individuals on that list had the same name and ID number as former Guantanamo captives. He noted that all the other Bagram captives had ID numbers that weren't in the same range as those used at Guantanamo, and he asserted that these three men, Kadir Khandan, Gul Zaman and Hafizullah Shabaz Khail were in fact former Guantanamo captives. See also *Bagram torture and prisoner abuse References Category:Afghan extrajudicial prisoners of the United States Category:Living people Category:Bagram Theater Internment Facility detainees Category:Year of birth uncertain Category:Guantanamo detainees known to have been released